L2 EAD in lieu of pending I-485

[me_shaan]

I am currently on L1A [i-94 expiring in Sep-2021] with I-485/I-765/I-131 (filed in October 2020) pending processing with USCIS. My request to expedite my I-765 has been approved, I am hoping that I will receive my EAD before my i-94 expires (which means my employer might not file an I-129S for me any more).

My wife's L2 EAD is expiring in Sep-2021, and her I-485 (filed in October 2020)/I-765 (filed in January 2021) are pending with USCIS. While I have raised a request to expedite her I-765 as well, the chances of getting that approved before her L2 EAD expiration seem to be pretty bleak.

Is there any option of filing for L2 EAD extension in lieu of pending I-485? Or any other alternatives for my wife to continue holding a valid work permit?

[Gina1808]

If I understand correctly, your L1 and your wife's L2 visa status expires in September 2021. As you are filing for AOS, you will no longer have L status after the date. Because of that, you have no case to file L2 EAD for after September 2021.

Spousal applications are in a bad place - definitely so because of I-539 delays, and unfortunately I-485 will probably be no different. You still have 2 months until September, so there is hope that her AOS EAD comes through. I'm extending my L2 status (hubby's L1 has already been approved), also filed in October 2020; I have been on unpaid leave since March when my EAD expired. USCIS doesn't care about spouses losing jobs.

[Libra_14]

If I understand correctly, your L1 and your wife's L2 visa status expires in September 2021. As you are filing for AOS, you will no longer have L status after the date. Because of that, you have no case to file L2 EAD for after September 2021.

That's not correct. Until your AOS is approved, you'll still be maintaining L status as well as pending AOS status.

Spousal applications are in a bad place - definitely so because of I-539 delays, and unfortunately I-485 will probably be no different. You still have 2 months until September, so there is hope that her AOS EAD comes through. I'm extending my L2 status (hubby's L1 has already been approved), also filed in October 2020; I have been on unpaid leave since March when my EAD expired. USCIS doesn't care about spouses losing jobs.

As someone said L2-EAD is a privilege not a right.